| Case Name |  |
|
| Case Summary | |
|
| 14th amendment | Due process, equal protection of laws, immunities of citizenships, rights guaranteed privileges |
| Brown v. Board of Education | (1954): “Separate-but-equal” educational facilities for black children were inherently unequal and violated the equal protection clause of the 14th amendment. In question were 4 state statutes requiring or permitting separate schools for black children. |
| Dejure segregation | Physical seperation; segregation by race, segregaton of whites and negros |
| Defacto segregation | Funding and equality between white and black educational opportunities. |
| Missouri v. Jenkins | (1990); Equal educational opportunities; salary increases for school personnel and quality educational programs in the Kansas City School district. Inappr. to use student achievement for unitary status. |
| Tort | Civil wrong independent of a contract. |
| Assault | Mental such as terroristic threatening |
| Battery | Physical |
| Negligence | Neglect of duty. Reasonable person might have prevented a harmful act from occuring. |
| Johnson v. School District of Millard | (1998); Music teacher found guilty of neglect supervision 1st grader severly cut during rough game of London Bridge. Age of child and context of course were key factors. |
| Hutchinson v. Toews | (1970); 15yr.old student injured using explosives he built from materials from school. Found to have engaged in neglect because he knew of danger and still broke the rules. Ruled against the student. |
| New York Times v. Sullivan | (1964); Alabama-elected official sued New York Times for advertisement that included false statements about police during a civil rights demonstration.Court ruled for Mr. Sullivan then reversed the decision stating could not proved actual malice. |
| Libel | Written defamation such as radio, TV broadcasts, or newspaper. |
| Slander | Spoken defamation. |
| Defamation | Defamation of character is spoken or written words that falsely and negatively reflect on a living person's reputation. |
| Hett v. Ploetz | (1963); Wisconsin-Speech therapist was not recommended by 6 principals to be rehired the following yr.Superintendent asked Hett to resign rather than have dismissal on record. Ploetz ended up giving Hett a bad recommendation when called.Court ruled Ploet |
| Desselle v. Guillory
| (1981);Qualified privilege protects parents to tell info about teachers. Teacher fooling w/students parents took matter to princ. and super. Went to trial for defamation. Could not prove. No defamation because protecting students good faith. |
| Timothy W. v. Rochester, NH | (1989):Held that 94-142 did not require a severely retarded and multiply handicapped child to show the potential for benefit as a condition to receive special education services, even though it was generally conceded that he would not benefit. |
| Honig v. Doe | (1988):Held that the "stay-put" provision, that students remain in their current placement pending a review of placement, applies to students who are subject to disciplinary action. (Stay-put until there is a determination as to cause of prob.) |
| Spears v. Jefferson Parish School Board | (1994): A Louisiana appellate court held a school district liable for damages in a case where a physical education teacher played a trick on male kindergarten student by leading the student to believe that one of his classmates had hanged himself. |
| Brown v. Tesack | (1990):The school board could be held liable for damages for injuries suffered by a student when a can of duplicating fluid that the student had stolen from a dumpster outside the school building was ignited and burned. (School was aware of poss. danger) |
| Stevens v. Chesteen | (1990): A PE teacher's alleged brief absence from a touch football game was not a breach of duty that proximately caused the student's injury. The student could not prove that the incident would not have happened even with teacher present. |
| Donahue v. Copiague Union Free School District | (1979): The New York Court of Appeals held that a student's claim of educational malpractice and his seeking of $5,000,000 to redress his injury was not an actionable tort. |
| Pickering v. Board | (1969):Overturned school board's dismissal of a teacher for criticizing the superintendent and the school board in their handling of recent bond proposals. The right to free speach on matters of public concern doesn't constitute grounds for termination. |
| McCann v. Ft. Zumwalt School District | Held that the school district had the right to ban the playing of a song. Band is part of school curriculum and is therefore, controlled by the school. |
| Epperson v. Arkansas | (1968): The U.S. Supreme Court held that an Arkansas statute forbidding the teaching of evolution, with consequent criminal penalties, was a violation of the 1st amendment's Establishment Clause. |
| Erb v. Iowa Board | (1974):A male teacher's admitted adultery with a female co-teacher is insufficient to revoke the male teacher's certificate. A certificate can be revoked only if there is sufficient evidence that the teacher-student relationship is adversely affected. |
